Law Case Study: Evaluating Nursing Negligence and Legal Standards

This nursing case study examines a scenario involving Mr. Jed, a patient who suffered injuries due to the alleged negligence of a registered nurse (RN Smart) and the hospital. The study analyzes the legal principles of negligence, including duty of care, breach of duty, causation, and damages, to determine the validity of Mr. Jed's claim. It further discusses the standards of care required of nurses in Australia, as set by the Nursing and Midwifery Board, and evaluates whether RN Smart met these standards. The case study concludes that Mr. Jed has a strong case against both the nurse and the hospital, as the nurse's actions directly led to his injuries, and emphasizes the importance of adhering to established standards of care to ensure patient safety. Desklib provides access to similar solved assignments and study resources for students.

Running head: NURSING CASE STUDY 1
Nursing Case Study
Name
Institution

NURSING CASE STUDY 2
Negligence, Code of Conducts and Standards of Practice or Registered Nurses
Introduction
Negligence in nursing can be described as a situation where a fully capable nurse who is
tasked with the responsibility of providing care does not accomplish their duties in a manner that
a reasonably careful nurse would. This lack of prudence in caring may lead to an injury or harm
to the patient (Brown, Edwards, Seaton & Buckley, 2017). The Nursing and Midwifery Board of
Australia has sets the standards that regulate the practice of nurses. Patient safety should be the
number one priority of a registered nurse and therefore negligence is legally and ethically wrong
(Nursingmidwiferyboard, 2018). We are presented with a scenario in which the nurse puts the
life a patient at risk through negligence. In this essay, we will talk about the legal principles that
will be used to establish the negligence claim presented by Mr. Jed. Additionally, the essay
addresses the way in which the standards of care are determined by the law. Finally, we will talk
about the possibility of Mr. Jed successfully suing the hospital.
Legal Principles to be established in Mr. Jed’s Negligence Claim
When a registered nurse acts in a careless manner and causes harm or injury to a patient
like in the case of Mr. Jed, under the principles of negligence the nurse is legally responsible for
the resulting injuries. According to Australia’s Nursing and Midwifery Board, a patient who
feels that he/she has suffered injuries due to the negligence of a nurse can decide to file a
negligence claim against the nurse and the hospital (Zaccagnini & White, 2010). While bringing
this negligence claim, the plaintiff must be able to establish some principles of negligence in
order to win the case and get a compensation for the injuries caused (Alexander & Alexander,

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2011). There are 4 basic elements of the negligence claim that include the duty of care, breach,
causation, and damages.
The duty of care is the first principle of the negligence claim. It implies that the
defendant, who is the nurse in our case, owed Mr. Jed a legal duty to provide him with
competent medical care and therefore had to act in a certain manner to ensure the safety of Mr.
Jed (LeMone, et al., 2015). The second, principle that must be established is a breach of the duty
of care. It may not be enough for Mr. Jed just to prove that the nurse owed him a duty of care, he
has to prove that the nurse breached this duty of care. The nurse may be judged to have breached
a duty of care towards their patient by failing to exercise prudent care in accomplishing the duty
(Oyebode, 2013). The third element of negligence is known as causation. This principle requires
Mr. Jed to prove that the nurse’s breach of the duty of care was the actual cause of his injuries.
The fourth element of negligence is referred to as damages. This principle demands that Mr. Jed
proves that the negligence of the nurse caused him actual harm (Tingle & Cribb, 2013). The
court is then requested to compensate the complainant for the injuries caused. Usually, this
compensation is in monetary form to help in covering the medical expenses.
The Standards of Care Required of a Nurse
Standards of care in nursing may be defined as the established practice that is deemed as
appropriate within the healthcare setting. These standards are very important in the nursing
practice since they recognize the crucial roles plaid by registered nurses in healthcare. The
Nursing and Midwifery Board in Australia sets the standards of registration in addition to the
professional codes, guidelines, and practice that govern competent and safe practice.
Additionally, this board helps in clarifying their expectations on a range of issues. Every nurse
has to meet the mandatory standards set by the board before they can be registered

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(Nursingmidwiferyboard, 2018). The Nursing and Midwifery board expects that all nurses
practice with respect to the relevant standards of competency and decision-making frameworks.
The National Board sets the standards for registration and the professional codes and
guidelines that help to determine the standards of practice of registered nurses. These standards
are then maintained in a manual of policies and procedures. The courts have further given the
board of nursing the authority to regulate the practice of the nurses (Meakim et al., 2013).
In the healthcare setting, the law imposes a minimum standard of acceptable care to each
and every nurse to ensure patient safety. The patients should be served with the highest level of
standards of care and thus it a healthcare organization may demand a higher standard of care than
expected by the law (Council, 2013). These higher standards can be set in accordance with The
Code (2008). This code requires that a registered nurse must always act to identify a risk and
minimize it to protect the patient.
From the scenario presented in our case study, RN Smart was supposed to minimize the
risks to Mr. Jed. The patient’s severe condition means that he cannot communicate verbally and
therefore communicates in written language. Additionally, he uses the bell to raise alarm
whenever he needs anything. The nurse, however, fails to practice her duty of care putting Mr.
Jed’s life at risk. This is a clear indication of the failure to appropriately exercise the standard of
care.
Mr. Jed’s Claim against the Nurse and the Hospital
Mr. Jed has every right to bring a negligence claim against RN Smart and the hospital.
With his condition, he required serious medical attention and prudent care to enhance his safety
as a patient. I believe that Mr. Jed has a strong case against RN Smart and the hospital and he has

NURSING CASE STUDY 5
very high chances of being successful with his claim. The scenario presented in this case study
shows that the nurse acted in negligence thus putting the life of Jed in danger.
As a nurse, RN Smart owed Mr. Jed the duty of care to provide competent medical care
and ensure his safety. She was tasked with providing the patient with the necessary requirements
to improve the quality of care. The nurse is even informed that it is vital that the patient’s bell is
answered as quickly as possible. The nurse removes the bell out of the reach of Mr. Jed and fails
to return. She breaches the duty of care when she vacates the room and leaves the patient under
the care of another nurse who also does not return the bell to its original position. As Mr. Jed
tries to reach for the bell, he falls down from his bed fracturing his right radius, re-dislocating his
shoulder and dislodging his tracheostomy tube. These additional injuries are as a result of the fall
that could have been avoided had the nurse not breached the duty of care. This breach of the duty
of care is the cause of Mr. Jed injuries. The injuries suffered are enough proof that the negligence
of the nurse caused Mr. Jed harm (Westrick, 2013). These reasons are enough evidence to ensure
that Mr. Jed wins the claim and receives his deserved compensation.
Conclusion
Negligence is the nursing practice is a serious violation of the rights of the patient. It is an
ethically wrong and legally inappropriate practice. Nurses are guided by a set of standards of
care set by the Nursing and Midwifery Board in Australia. These standards ensure that nurses
competently perform their duties of care to ensure the safety of their patients. Any patient who
suffers physical harm due to the negligence of the nurse assigned to the can bring up a
negligence claim and stand to be compensated if they can prove to the jury that their injuries are
caused by the negligence of the nurse.

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References
(2018). Nursingmidwiferyboard.gov.au. Retrieved 24 April 2018, from
http://www.nursingmidwiferyboard.gov.au/documents/default.aspx?
record=WD10%2F3341&dbid=AP&chksum=3SWDivwEVXM4K6MsMHxTmw%3D
%3D
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